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Item 2.1.x., Consider wind discuss Cni.u~ty Regulations of
5ubdivi~ainris related to •revisinn of plats as pe•r the Local
Gover~imei7t Cade. tCommi.ssioner Feat.. #3)
Discussion Only -Official Coi.~rt 7•ransc•ript nil record.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF TffiS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE: Commissioners' Court
MEETING DATE: July 27 1998 TIIVIE PRF.FF.RRF.D:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Cou~rtv Regulations of Subdivisions related to revision of vlats
as ver the Local Government Code.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF II~IPLOYEE:
Commissioner Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
5:00 P.M. previous Monday.
Request Rules Adopted by Commissioners' Court.
3~ri1-20-98 01:34P ACT-1 COMPUTER 903 498 2626 P.O1
Durtiel A. Botkirz
Y.O. llox .SRI
KnrrJnrrau, T h 75141
(903) 498-2524
Fox (903) 498-2525
July 20, 1998
Hi Jnhrr,
Tlrmeks su rnerc/: for calling me back. llere is a plait for my 12.7( acre tract
in Ingrm~: hills. 1 wuret to divide it irr half. As you can see, both pieces
would front /ngrane Hills Road.
Cnalrl yrru please take a look and discuss it wide tlec other canneiscioners. l
leave c•orrtracts ute both pieces of property at a certai-e price. !have already
ordered the home owners list from the appraisal district so 1 can notify tleene
of the paGlic hearing-
1 luul ,figured an maybe $600 to 3!700 for the survey. Ij' 1 ane forced to gn
through the whole rehtattproces.c, /'ll he lnnkirrg al anywhere from ,~2,U11(/ to
$3,000 or more. That really pats a dent ue us small guys. Is there mry kirrr!
of relief nr exemption you can give ore? IIELP!
T/tanks for your fielp.
Dan Rotkin
Directions:
Torn rtglet at the Taxidermy Shnp and go up the leil! 1.8 miles. It's at the
corner of htgrarn dills Rood and Kueree Rand. There i.c a tela>phwte pule
acrns.c the street with the numhers 14/44 ore the metal plate. Lot#24, 12.76
acres'
Jul-20-98 01:34P ACT-1 COMPUTER 903 498 2626 I P.02
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§ 232.008
..LOCAL GOVERNMENT CODE
against the person applying for the cancellation and
may recover as damages an amount not to exceed the
amount of the person's original purchase price for
property in the canceled subdivision or part of the
subdivision. The person must bring the action within
one year after the date of the entry of the cemmis-
sioners court's order granting the cancellation.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sepf~ 1, 1987.
$232.0085. Cancellation of Certain Subdivisions
if Land Remains Undeveloped
(a) This section applies only to real property locat-
ed:
(1) outside municipalities and the extraterritorial
jurisdiction of municipalities, as determined under
Chapter 42; and
(2) in an affected county, as defined by Section
16.341, Water Code, that has adopted the model
rules developed under Section 16.343, Water Code,
and is located along an international border.
(b) The commissioners court of a county may can-
cel, after notice and a hearing as required by this
section, a subdivision for which the plat was filed and
approved before September 1, 1989, if:
(1) the development of or the making of improve-
ments in the subdivision was not begun before the
effective date of this section; and
(2) the commissioners court by resolution has
made a finding that the land in question is likely to
be developed as a colonic
(c) The commissioners court must publish notice of
a proposal to cancel a subdivision under this section
and the time and place of the required hearing in a
newspaper of general circulation in the county for at
least 21 days immediately before the date a cancella-
tion order is adopted under this section. The county
tax assessor-collector shall, not later than the 14th day
before the date of the hearing, deposit with the United
States Postal Service a similar notice addressed to
each owner of land in the subdivision, as determined
by the most recent county tax roll.
(d) At the hearing, the commissioners court shall
permit any interested person to be heard. At the
conclusion of the hearing, the court shall adopt an
order on whether to cancel the subdivision The
colnrrlissioners court may adopt an order canceling a
subdivision if the court determines the cancellation is
in the beat interest of the public. The court may not
adopt an order canceling a subdivision iE
(1) the tsrtcellation interferes with the estab-
lished rights of a person who is a nondoveloper
owner and owns any part of the subdivision, uNesa
the person agrees to the cancellation; or
(2) the owner of the entire subdivision is able to
show that:
(A) the owner of the subdivision is able to
comply with the minimum state standards and
mode] political subdivision rules developed under
Section 16.343, Water Code, including any bond-
ing requirements; or
(B) the land was developed or improved within
the period described by Subsection (b).
(e) The commissioners court shall Sle the rsncella-
tion order for recording in the deed records of the
county. After the cancellation order is filed and re-
corded, the property shall be treated as if it had never
been subdivided, and the county chief appraiser shall
assess the property, accordingly. Any liens against
the property shall remain against the property as it
was previously subdivided.
(fl In this section:
(1) "Development" means the making, installing,
or constructing of buildings and improvements.
(2) "Improvements" means water suPP1Y, ~~
went, and distribution facilities; wastewater collec-
tion and treatment facilities; and other utility facili-
ties. The terns does not include roadway facilities.
Added by Acts 1996, 74th Leg.. eh. 277, §- 2, eff. June 6, 1996..
Section 1 of the 1996 Act provides:
"(a) The legislauae rinds thaf.•
"(1) Certain rnnditions along the border of the United States and
Merdco have resulted m a proliferation o[ substandard housing
developments in whirl, the lack of basic irr6aetructrne has caused +
serious and unacceptable hea1N and safety risk Prevention e+d
rmnedution of these conditions and their rmults are o[ vihl impor-
tance to the health, safety, and vrelfare of tbe residents o[ these.
+reas
"(2) The state has a vital role and an emential public interest m
establishing procedures far effective county prevention of eubetand-
ard hou®ng developments while protecting the legitimate rights of
private property ownerahrp.
"(b) The purposes of this Act are ta:
"(1) provide counties with a mechanimn to cancel certain wbdivi-
sions that are likely W be developed without provision of ba®c
infiastnrcture;
"(2) provide adequate notice [o interested parties o[ public heer-
inga on thin iserre; and
"(9) apply model rules developed under Section 16.34a, Water
Code, to the effected subdivision when replotted."
$ 232.009. Revision of Plat
(a) This section applies only to real property locab
ed outside municipalities and the extraterritorial juris-
diction of municipalities with a population of 1.5 m17-
lion or more, as determined under Chapter 42.
(b) A person who has subdivided land that is sub-
ject to the subdivision controls of the county in which
402
:,
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•1. .~

LAND USE & RELATED ACTIVITIES
the land is located may apply in writing to the com-
missioners court of the county for permission to revise
the subdivision plat filed for record with the county
clerk.
(c) After the application is filed with the crommis-
sionets court, the court shall publish a notice of the
application in a newspaper of general circulation in the
county. The notice must include a statement of the
time and place at which the court will meet to consider
the application and to hear protests to the revision of
the plat. The notice moat be published at least three
times during the period that begins on the 30th day
and ends on the seventh day before the date of the
meeting. If all or part of the subdivided tract has
been sold to nondeveloper owners, the court shall also
give notice to each of those owners by certified or
registered mail, return receipt requested, at the own-
er's address in the subdivided tract.
(d) During a regular term of the commissioners
court, the court shall adopt an order to permit the
revision of the subdivision plat if it is shown to the
rnurt that:
(1) the revision will not interfere with the estab-
lished rights of any owner of a part of the subdivid-
ed land; or
(2) each owner whose rights may be interfered
with has agreed to the revision.
(e) If the tommissioners court permits a person to
revise a subdivision plat, the person may make the
revision by filing for record with the county clerk a
revised plat or part of a plat that indicates the
changes made to the original plat.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept 1, 1987. Amend-
ed by Acts 1989, 71st Leg., ch. 345, § 6, eff. Aug. 28, 1989.
§ 232.010. Exception to Plat Requirement: Con-
ty Determination
A commissioners court of the county may allow
conveyance of portions of one or more previously
platted lots by metes and bounds description without
revising the plat.
Added by Acts 1989, 71st Leg., ch. 346, § 7, eff. Aug. 26,
1989.
SUBCHAPTER B. SUBDIVISION PLATTING
REQUIREMENTS IN ECONOMICALLY
DISTRESSED COUNTIES
§ 232.021. Definitions
In this subchapter:
(1) "Affected county" means a county:
$ 232.021
(A) that has a per capita income that averaged
25 percent below the state average for the moat
recent three consecutive years for which statistics
are available and an unemployment. rate that
averaged 25 percent above the state average for
the moat recent three consecutive years for which
. statistics are available; and
(B) any part of which is within 50 miles of an
international border.
(2) "Board" means the Texas Water Development
Board.
(3) "Common .promotional plan" means any plan
or scheme of operation undertaken by a single
subdivider or a: group of subdividers acting in con-
cert, either personally or through an agent, to offer
for sale or lease Iota when the land is:
(A) contiguous or part of the same area of
land; or
(B) known, designated, or advertised ae a com-
mon unit or by a common name.
(4) "Executive administrator"-means the execu-
tive administrator of the Texas Water Development
Board. .
(b) "Floodplain" means any area in the 100-year
floadplain that is susceptible to being inundated by
water fmm any source and that is identified by the
Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C.
Sections 4001 through 4127).
(6) "Lease" includes an offer to lease.
(7) "Lot" means a parcel into wMch land that is
intended for residential use is divided.
(8) "Minimum state standards" means the mini-
mum standards set out for.
(A) adequate diuildng water by or under Sec-
tion 16.343(b)(1), Water Code;
(B) adequate sewer facilities by or under Sec-
tion 16.343(cHl), Water Code; or
(C) the treatment, disposal, and management
of solid waste. by or under Chapters 361 and 364,
Health and Safety Code.
(9) "Plat" means a map, chart, survey, plan, or
replat containing a description of the subdivided
land with ties to permanent landmarks or monu-
ments.
(10) "Sell" includes an offer to sell.
(11) "Sewer," "sewer services; or "sewer facili-
ties" means treatment works as defined by Section
17.001, Water Code, or individual, on-site, or cluster
treatment systems such as septic tanks and includes
t
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403
~`~; ~1~~~~'l
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§ 232.021 LOCAL GOVERNMENT CODE
drainage facilities and other improvements for prop-
er functioning of septic tank systems.
(12) "Subdivide" means to divide the surface area
of land into lots intended priman7y for residential
use.
(13) "Subdivider" means an individual, firm, cor-
poration, or other legal eutity that owns any inter-
eat in land and that directly or indirectly subdivides
land into lots as part of a common promotional plan
in the ordinary ceurae of business.
(14) "Subdivision" means an area of land that has
been subdivided into lots for sale or lease.
(15) "Utility" means a person, including a legal
entity or political subdivision, that provides the
services of:
(A) an electric utility, as defined by Section
S(e)ll), Public Utility Regulatory Act (Article
1495c, Vernon's Texas Civil Statutes);
B) a gas ut777'ty, as defined by Section 1.03,
Gas Utility Regulatory Act (Article 144fie, Ver-
non's Texas Civil Statutes); and
(C) a water and sewer utility, as defined by
Section 13.002, Water Code.
Added by Acts 1995, 74th Leg., rh 979, § 4, eff. June I6,
1995.
Sections 1 and SO of Ne 1996 AM provide:
"Sec. 1. Legislative Findings. The legislature finds Kati
- "(1) eronomicelly diahvssed aubdivi®ona commonly celled'cokrdas'
are found Nroughout Ne effected cavrtiea;
;.> ~ "(2) in recent years Ne numbv of People living in lhex economi-
tally disfrnseed aubdivimom in Ne affected comties has increased;
"(3) due m Ne implementation of Ne Noah American Free Trade
" Agreement (NAFTA), tbe General Agreement m Tariffs and Trade
€ ~,- (GA11'), other economk incentives, and Ne incrx®ngly robust eco-
,~. nomic development akng Ne Team-Mexico border, Ne population in
..*... ~:..~ ecormmically dietreeeed aubdivisione in the affected counties wID
s` ~ 1 '* continue m inmeaee;
"(4) Ne reaidmta o[ Ne eronomicetly diatirased mbdivi®ox in Ne
affected romties comatitute m unnsuaay noble popuktkq moving to
all parts of Ne state and beyond Ne state to seek employment;
"(5) Nex conditlone allow unecrupdous individuals. through Ne
ax o[ executory contracts, m take advmrage o[ the resdenfa of
eronomically diatreeeed eubdivi®om by chm'6inB usurious rates of
interest x well x eaowing unbridled diacretim m evict;
"(6) Ne vast majority of housing units in Nex economically dis-
treseed subdivisions lack m adequate potable water mpply and
concamifant wastewater or sewer xrvices;
"(7) Ne leek of m adequate potable water supply and concomitant
wastewater or sewer services creates a eerioue and unacceptable
hm1N hazard from thud world illnesses for Ne reaidenis of Ne
economically dktreeeed mbdiviaiorm in Ne affected counties;
"(9) many o[ Ne hou®rrg unite in Nex eronomically dietieseed
aubdivisiona are located in isolated curd eegmmts in Ne affected
cmmtiee where Ne lead k ixxpen®va loceted in (loodpbuna, and
wbject m flooding after rains, Ixding m Ne overflow of pit privies
and Nos m Ne spreading of bacteria onto Ne land and mto the water
table;
"(9) Ne locetioq proliferatioq and conditioen in Nees economicelly
diatieaxd subdivisona pox a clear and subatantisl threat W Ne
environment of the border regioq x wee x to all Texas;
-" 404
"(10) the leek of an adequate potable water mppty and concomitant
wastewater or sewer emvicea, roupkd wiN Ne location of these
eubdiviaiona, etadce the economic ahbgity of Ne affected counties,
which are dependent upon a heakhy public and a cafe environment;
"(11) the lack of m adequate potable water mpply and cmromifant
wastewater or sewer services erodes Ne ecmmmk etabaity of the
affected cowtiea, wbich ie :squired for the mutual development of
trade. tnnaportntion, and commerce, affecting not oWy the border
regkn, but all region of the state where Ne trade, transportation,
and commerce reach;
"(12) the health rick nested akng the border in the affected
countiee, the expected mcrexe in population during the next decade,
and the mobility of the re®denfa of these economically distressed
mbdivielona, coupled wiN the fact that the trade. transportatioq and
rommerce akng the border is tbe moat intense in tik united states,
create the very mbetantial risk of !bird work! epidemice spreading m
the residents of thk state and beyond;
"(13) udex adequate remedial steps are taken hnmediaWy to
allevkk the health risl® to all Teaaoe that are caused by the lack o[
basic services in Lhe affected countieq the costa of containing m
epidemic wi- be eatronomiral; and
"(19) the need to addrxa Nk public health and safety hazard k a
rompelling crisis Nat moat be addressed !trough this legiektion."
"See 30. (a) The changes in hwv made in Seciox 4 and 17 of Nk
Act rekting m criminal offenece apply only to an offeme committed
an or after Ne effective date of this Act For purpcex of this
mbaectim, m offenx k committed before Ne effective date of Nis
Act if my ekmmt o[ Ne offexe occurs before Net date. An offenee
committed before Ne effective date of this Act is governed by Ne kw
in effect when Ne offerme wx committed, and Ne former law k
rontimred in effect for this purpose,
"(b) The changes in kw made in Sections 4 and 1T o[ Nis Act
rekting m civa penabiee apply only to a violatlon Nat Deems on or
after Ne effective date of this Act For purpcees o[ this mrbxctioq a
vioktim k committed before Ne effective date of Nis Act if aqv
element of Ne violation seems before Nat date. A vioktion commit
tad before tbe effective date of this Act k governed by the law m
effect when Ne vioktion occurred, and Ne former law k continued in
effect for tide purpose."
$ 232.022. Applicability
(a) Ttda subchapter applies only to land that is
subdivided into four or more lots that are intended
primarily for residential use in the jurisdiction of an
affected county. A lot is presumed to be intended for
residential use if the lot is five acres or less. This
subchapter does not apply if the subdivision is incident
to the conveyance of the land as a gift between
persona related to each other within the third degree
by affinity or consanguinity, as determined under
Chapter 573, Government Code.
(b) For purposes of this section, land is considered
to be in the jurisdiction of a county if the land is
located in the trounty, outside the corporate limits of
municipalities, and outside the extraterritorial juris-
diction of municipalities, as determined under Chapter
42.
Added by Acts 1996, 74th Leg., ch. 979, § 4, eH June 16,
1995. Amended by Acts 1997, 7bth Leg., ch. 3?fi, § 1, eff.
Sept 1, 1997.
Section 2 of Arta 1997, 75N Leg., ch. 37& Provides:
"(a) This Act bless elect Septemtan• 7. 1997.
.~,
~4•
'f
LAND USE & RELATED ACTIVITIES
"(b) The change in lavr made by this Act applies ody to a ronvey-
mce or subdivision of property that ie completed on or after the
effective date of this Act. For the purposes o[ this Act, a comeyance
or subdmeion of property is completed before the eHecfive date oC
t3iia Act if the eubdlvi®on plat or record o[ conveyance is filed before
tint date in the real property records with the aPPNPriate county
clerk or in tbe real property words of the appropriate roimty."
$ 232.023. Plat Required
(a) A subdivider of land in an affected county must
have a plat of the subdivision prepared. A subdivision
of a tract under this subsection includes a subdivision
of real property by any method of conveyance, includ-
ing acontract for deed, oral contract, contract of sale,
or other type of executory contract, regardless of
whether the subdivision is made by using s metes and
bounds description.
(b) A plat required under this section must:
(1) be certified by a surveyor or engineer regis-
tered to practice in this state;
(2) define the subdivision by metes and bounds;
(3) locate the subdivision with respect to an origi-
nal corner of the original survey of which it is a
Part;
(4) describe each lot, number each lot in progres-
sion, and give the dimensions of each lot;
(5) state the dimensions of and accurately de-
scribe each lot, street, alley, square, park, or other
part of the tract intended to be dedicated to public
use or for the use of purchasers or owners of lots
fronting on or adjacent to the street, alley, square,
park, or other part;
(6) include or have attached a document centain-
ing a description in English and Spanish of the
water and sewer facilities and roadways and ease-
ments dedicated for the provision of water and
sewer facilities that w171 be constructed or installed
to service the subdivision and a statement spe~ify-
ing the date by which the facilities will be fully
operable;
('t) have attached a document prepared by ari
engineer registered to practice in this state certify-
ing that the water and sewer service facilities pro-
posed under Subdivision (8) are in compliance with
the model Hiles adopted under Section 16.393, Wa-
ter Code, and a certified estimate of the coat to
install water and sewer service facilities;
(8) provide for drainage in the subdivision to:
(A) avoid concentration of storm drainage wa-
ter from each lot to adjacent lots;
(B) provide positive drainage away from all
buildings; and
§ 232.024
(C) coordinate individual lot drainage with the
general storm drainage pattern for the area;
(9) include a description of the drainage require-
ments ae provided in Subdivision (8); ~ .
(10) identify the topography of the area;
(11) include a certification by a surveyor or engi-
neer registered to practice in this state desenbing
any area of the sabdiviaion that i`s iu~a floodphiln or
., ,
stating that no area is in a floodplain; and ''
(12) include certification that the subdivider has
complied with the requirements of Section 232.032
and that: ._
(A) the water quality and rnnnectiona to the
lots meet, or will meet, the minimum state atan-
darda;
(B) sewer connections to the lots or septic
tanks meet, or will meet, the minimum require-
ments of state standards;
(C) electrical connections provided to the lot
meet, or will meet, the minimum state standards;
and
(D) gas connections, if available, provided to
the lot meet,, or will meet, the minimum state
standards. - . - . , _
(c) A subdivider may meet the requirements of
Subsection (b)(12)B) through the use of a certificate
issued by the appropriate ceuntp or state official
having jurisdiction over the approval of septic systems
stating that lots in the subdivision can be adequately
and legally served by septic systems. -
(d) The subdivider of the tract must acknowledge
the plat by signing the plat and attached documents
and attest to the veraaty and completeness of the
matters asserted in the attached documents and in the
plat.
(e) The plat must be Sled and recorded with the
county clerk of the county in which the tract is
located. The plat is subject to the fi7vig and record-
ing provisions of Section 12.002; Property Code.
Added by AMs 1996, 79th I.eg., ch.~979,~!) 4, eH June 16,
1996.
§ 232.024. Approval by County Required
(a) A plat flied under Section 282.023 is not valid
unless the commissioners court of the county in which
the ]and is located approves the plat by an order
entered in the minutes of the court. The commisaion-
ere court shall refuse to approve a plat if it-does not
meet the requirements prescribed by or under this
subchapter or if any. bond required ,under this sub-
chapter is not filed with the county clerk
405